This Article examines the Ninth Circuit Court of Appeal's decisions concerning the Refugee Act of 1980, with respect to its interpretation of the asylum and withholding of deportation provisions. The author provides an overview of the statutory language, and then reviews the Ninth Circuit's decisions on standard of proof, method of proof, and the five statutory bases which underlie any claim to asylum or withholding of deportation: race, religion, nationality, membership in a particular social group, and political opinion. The author further analyzes the court's interpretation of the term "persecution" under the asylum and withholding of deportation provisions. The author concludes by discussing various issues that require resolution in the future.
Carolyn P. Blum,
The Ninth Circuit and the Protection of Asylum Seekers Since the Passage of the Refugee Act of 1980,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol23/iss2/4